Appeal No.8/2023
The Tamil Nadu Real Estate Appellate Tribunal (Tamil Nadu, Puducherry, Andaman & Nicobar Islands), in Appeal No.8/2023 pronounced on 1 March 2023, dismissed as withdrawn an appeal filed by M/s. Four Square Landmarks Private Limited against an interim order of the Tamil Nadu Real Estate Regulatory Authority. The Tribunal allowed the appellant liberty to pursue a remedy in accordance with law before the appropriate forum and closed any connected miscellaneous applications.
What the case concerns
Appeal No.8/2023 arose from complaints before the Tamil Nadu Real Estate Regulatory Authority concerning a project and its allottees. M/s. Four Square Landmarks Private Limited, represented by its director, filed the appeal under the Real Estate (Regulation and Development) Act, 2016.
The appeal challenged an interim order dated 10 November 2022 in I.A.No.3/2022 in C.No.196/2021. The introductory part of the decision also refers to the common order in I.A.No.46/2021 and I.A.No.3/2022 in C.Nos.196, 198 and 199 of 2021.
Proceedings before the regulatory authority
The proceedings before the Tamil Nadu Real Estate Regulatory Authority developed as follows:
- Sherine Manoj, the first respondent in the appeal, filed C.No.196/2021 seeking certain reliefs.
- During the enquiry, Sherine Manoj filed I.A.No.46/2021 to add M/s. Four Square Landmarks Private Limited as the fourth respondent in the complaint.
- After receiving notice and appearing, the company filed I.A.No.3/2022 seeking to add 11 other project allottees as respondents.
- The Tamil Nadu Real Estate Regulatory Authority dismissed I.A.No.3/2022 on 10 November 2022.
- M/s. Four Square Landmarks Private Limited appealed against that dismissal.
Decision of the Appellate Tribunal
When Appeal No.8/2023 came up for admission, counsel for M/s. Four Square Landmarks Private Limited sought permission to withdraw it. Counsel also requested liberty for the company to pursue its remedy in accordance with law before the appropriate forum and made an endorsement to that effect.
The Tamil Nadu Real Estate Appellate Tribunal therefore:
- dismissed Appeal No.8/2023 as withdrawn;
- gave the appellant liberty to pursue its remedy in accordance with law before the appropriate forum; and
- closed any connected miscellaneous applications that were pending.
Who is affected
Appeal No.8/2023 directly concerns M/s. Four Square Landmarks Private Limited, the complainant, the listed respondents and the project allottees involved in the underlying regulatory proceedings. The Tribunal did not continue with the appeal after the company requested withdrawal. The challenged interim order was therefore not set aside in this appellate proceeding.
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Common questions
Did the Tamil Nadu Real Estate Appellate Tribunal decide the appeal in favour of M/s. Four Square Landmarks Private Limited?
No. Appeal No.8/2023 was dismissed as withdrawn after the company’s counsel requested permission to withdraw it.
Can M/s. Four Square Landmarks Private Limited pursue another remedy?
Yes. The Tamil Nadu Real Estate Appellate Tribunal gave the company liberty to work out its remedy in accordance with law before the appropriate forum.
What interim decision had the company challenged?
The company challenged the Tamil Nadu Real Estate Regulatory Authority’s dismissal of I.A.No.3/2022, which sought to add 11 other project allottees as respondents.
What happened to pending miscellaneous applications connected with the appeal?
The Tamil Nadu Real Estate Appellate Tribunal closed any connected miscellaneous applications that were pending.
